BHOLA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO
BAIL/9206/2025 · 2025-09-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166587 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166587 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9206 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Romit Seth, learned counsel for the applicant, Shri Virendra Kumar, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.732 of 2024, under Section 409 I.P.C., registered at Police Station PGI, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. alleging that the complainant had made investments in M/s Brij Gopi Developers Private Limited for purchasing a plot of land but one of the complainants was provided a plot but from some other company and other complainant has neither been given any plot nor the money has been refunded. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another criminal case has been disclosed in para 29 of the affidavit, in which he has already been granted bail by means of an order 17.02.2025 passed by a Co-ordinate Bench of this Court in Bail Application No.1435 of 2025. 5. A co-accused Rajan Kumar, who is said to be the Director of the company, has been granted anticipatory bail by means of an order dated 12.05.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application No.173 of 2025. 6. Learned A.G.A.-I has opposed the bail application but he could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Romit Seth Counsel for Opposite Party(s) : G.A. Bhola Prasad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s)
7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is neither alleged to be the Director nor any other principal position holder in the company and that the Director of the company has been granted anticipatory bail whereas the applicant is languishing in jail since 26.08.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9.
Let the applicant - Bhola Prasad be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 25, 2025 S. Shivhare BAIL No. 9206 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench